VINOD K.SHARMA, J. - (1.) THIS appeal has been filed by the claimants against the award of the Motor Accident Claims Tribunal, Faridkot, dated 6-10-1999, vide which only claimant No. 1 was granted compensation to the tune of Rs. 50,000/- under Section 140 of the Motor Vehicles Act as no fault liability and the said amount was directed to be paid to the mother of the deceased being his legal heir.
(2.) THE facts of the case, as borne out from the record, are that on 20-1-1997 deceased Gurtej Singh boarded the bus of Punjab Roadways Ferozepur Depot from Muktsar Bus Stand and when it reached near Mission Hospital, Muktsar, the driver of the bus, who was driving it rashly and negligently and also being over-loaded by the conductor,respondent No. 3, applied the sudden brakes and due to fast speed, a heavy jolt was caused as a result of which window of the bus was opened and the deceased Gurtej Singh fell down on the road and suffered multiple injuries which resulted in his death. It was also claimed that besides studying, the deceased Gurtej Singh was also doing the work of dyeing the clothes in the evening and used to earn about Rs. 3,000/- per month and it was on account of the loss suffered, the claimants claimed that they were entitled to compensation to the tune of Rs. 6 lacs. Respondent Nos. 1 and 4 filed the separate written statement in which it was alleged that no accident had taken place with Bus No. PB-12-A-9943. On merits averments made in the claim petition have been denied for want of knowledge. Hence it was pleaded that the claimants were not entitled to any compensation. Respondent Nos. 2 and 3 filed a separate written statement in which an objection was raised that the claimants were not dependent on the deceased. Therefore, they were not entitled to file the claim petition. Even on merits, the factum of accident was denied by them and it was alleged that a false DDR was lodged by the claimants. It was further pleaded that the deceased was not doing any work and he was in fact dependent on the claimants. It was denied that he used to earn Rs. 3000/- per month. It was also the case of the respondents that the reason for death of Gurtej Singh was an act of the God and no fault can be attributed to the respondents.
(3.) ON the pleadings of the parties, the following issues were framed : "1. Whether Gurtej Singh deceased died on 20-1-1997 in the area of Muktsar near Mission Hospital, in the accident caused by respondent No. 2 Mohar Singh driver and respondent No. 3 Sukhdev Singh conductor by driving bus No. PB-12A-9943 belonging to Punjab Roadways, Ferozepur rashly and negligently ? OPP 2. Whether the claimants are the legal heirs/dependents of the deceased Gaurtej Singh ? OPP 3. To what amount of compensation the claimants are entitled to and from whom ? OPP 4. Relief." ;